CA
D iian P erera u. R a jlth a S e n a ra tn e (Y a p a , J .)
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only with the point of time of the election and not applicable to
the subsequent period of sitting and voting in parliament. As
held by the Supreme Court in the case of Dahanayake vs. De
Silva,(supra) that the National State Assembly had the power
to pass substantive laws on certain matters in terms of Section
73(e) and (f), in the same way, we hold that in terms of Article
101 ( l)(i) Parliament still has the power to pass laws necessary
in respect of disputed elections and such other matters as are
necessary or incidental to the election of Members of
Parliament. But as stated in the proviso, no such law shall add
to the disqualifications specified in Articles 89 and 91. It is
inherent in the proviso that the Parliament has the power to
pass the necessary laws. In the result it would appear that the
framers of tire Constitution had in mind the need to take action
to implement the provisions of Article 91(1 )(e) in terms of
Article 101 (1) (i). The term necessary or incidental to the
election of Members of Parliament is wide enough to empower
Parliament to pass the necessary laws as required by Article
91 (1) (e) to cover not only the point of time of an election but the
subsequent period of sitting and voting in Parliament. Further
it would be seen that Article 101(1) is the empowering
provision for the Parliament to pass the necessary laws, to
implement the provisions of Article 91(1)(e). Learned
Additional Solicitor General Mr. Mansoof in the course of his
submissions contended that according to Article 101 (1 )(i)
Parliament could make provision with regard to “the manner
of determination of disputed elections and such other matters
as are necessary or incidental to the election of Members of
Parliament" and the phraseology used in this sub Article
would catch up disqualifications that could arise after
elections and during the tenure of office of a Member of
Parliament. Further he submitted that when a Member of
Parliament is elected his sitting and voting as a Member of
Parliament is necessary or incidental to such an election.
Therefore in our view, it would be erroneous to think that the
framers of the Constitution having stated in no uncertain
terms in Article 91(1)(e) that no person shall be qualified to be
elected as a Member of Parliament or to sit and vote in